38270 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 

Olives From Spain: Preliminary Results of 

Countervailing Duty Administrative Review; 2017– 

2018, 85 FR 84294 (December 28, 2020), and 

accompanying Preliminary Decision Memorandum 

at ‘‘Attribution of Subsidies’’; see also Final Results 

IDM at ‘‘Attribution of Subsidies.’’ 

3This rate applies to merchandise produced and/ 

or exported by Camacho or its cross-owned 

companies: Grupo Angel Camacho Alimentacı ́on, 

Cuarterola S.L., and Cucanoche S.L. 

4See Final Results. 

1Title IV—Prevention of Evasion of Antidumping 

and Countervailing Duty Orders, Public Law 114– 

125, 130 Stat. 122, 155 (February 24, 2016). 

2See CBP’s Letter, ‘‘Covered Merchandise 

Referral Request for EAPA Investigation 7509, 

Imported by Vanguard National Trailer Corporation: 

Antidumping and countervailing duty Orders on 

Certain Steel Wheels 22.5 and 24.5 Inches in 

Diameter from the People’s Republic of China,’’ 

dated June 9, 2021 (CBP’s EAPA 75009 Letter). 

Commerce intends to make available this document 

and any supporting documents on Enforcement and 

Compliance’s Antidumping Duty and 

Countervailing Duty Centralized Electronic Service 

System (ACCESS) with this notice. 

3See Certain Steel Wheels from the People’s 

Republic of China: Antidumping and 

Countervailing Duty Orders, 84 FR 24098 (May 24, 

2019) (Orders). 

4See CBP’s EAPA 75009 Letter at 2. 

5 Id. at 1–2. 

6 Id. at 2. 

7See Asia Wheel’s Letter, ‘‘Certain Steel Wheels 

from the People’s Republic of China: Request for 

Scope Ruling for Asia Wheel’s Steel Truck Wheels,’’ 

dated February 11, 2021. 

8See Letter from Commerce ‘‘Antidumping and 

Countervailing Duty Orders on Certain Steel Wheels 

from the People’s Republic of China (A–570–082, 

C–570–083): Initiation of Asia Wheel Scope 

Inquiry,’’ dated May 12, 2021. 

of the administrative review of the 

countervailing duty order on ripe olives 

from Spain covering the period 

November 28, 2017 through December 

31, 2018.4 We failed to include 

Camacho’s cross-owned affiliates in the 

notice. We are correcting the Final 

Results to clarify that the 

countervailable subsidy rate for 

Camacho also applies to its cross-owned 

affiliates: Grupo Angel Camacho 

Alimentacı ́on, Cuarterola S.L., and 

Cucanoche S.L. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with section 751(a)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended. 

Dated: July 14, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

[FR Doc. 2021–15416 Filed 7–19–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–082, C–570–083] 

Certain Steel Wheels From the 

People’s Republic of China: Notice of 

Covered Merchandise Referral 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Pursuant to the Enforce and 

Protect Act of 2015 (EAPA), the 

Department of Commerce (Commerce) 

received a covered merchandise referral 

from U.S. Customs and Border 

Protection (CBP) in connection with a 

CBP EAPA investigation concerning the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

certain steel wheels from the People’s 

Republic of China (China). In 

accordance with EAPA, Commerce 

intends to determine whether the 

merchandise subject to the referral is 

covered by the scope of these orders and 

promptly transmit its determination to 

CBP. Commerce is providing notice of 

the referral and inviting participation 

from interested parties. 

DATES: Applicable July 20, 2021. 

FOR FURTHER INFORMATION CONTACT: Elfi 

Blum or Jacqueline Arrowsmith, AD/ 

CVD Operations, Office VII, 

Enforcement & Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0197 or 

(202) 482–5255, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 24, 2016, the Trade 

Facilitation and Trade Enforcement Act 

of 2015 was signed into law, which 

contains Title IV-Prevention of Evasion 

of Antidumping and Countervailing 

Duty Orders, commonly referred to as 

the Enforce and Protect Act of 2015 or 

EAPA.1 Effective August 22, 2016, 

section 421 of EAPA added section 517 

to the Tariff Act of 1930, as amended 

(the Act), which establishes a formal 

process for CBP to investigate 

allegations of the evasion of AD and 

CVD orders. Section 517(b)(4)(A) of the 

Act provides a procedure whereby if, 

during the course of an EAPA 

investigation, CBP is unable to 

determine whether the merchandise at 

issue is covered merchandise within the 

meaning of section 517(a)(3) of the Act, 

then it shall refer the matter to 

Commerce to make such a 

determination. Section 517(a)(3) of the 

Act defines covered merchandise as 

merchandise that is subject to an AD 

order issued under section 736 of the 

Act or a CVD order issued under section 

706 of the Act. Section 517(b)(4)(B) of 

the Act states that Commerce, after 

receiving a covered merchandise referral 

from CBP, shall determine whether the 

merchandise is covered merchandise 

and promptly transmit its determination 

to CBP. The Act does not establish a 

deadline by which Commerce must 

issue its determination. 

On June 9, 2021, Commerce received 

a covered merchandise referral from 

CBP regarding CBP EAPA Investigation 

No. 7509,2 which concerns the AD and 

CVD orders on certain steel wheels from 

China.3 CBP explained that Accuride 

Corporation (Accuride) and Maxion 

Wheels Akron LLC (Maxion) alleged 

that Vanguard National Trailer 

Corporation (Vanguard) imported steel 

wheels produced by Chinese 

manufacturer Zhejiang Jingu Company 

Limited (Jingu) that were transshipped 

through Jingu’s affiliate in Thailand, 

Asia Wheel Co. Ltd. (Asia Wheel), and 

entered into the United States as a 

product of Thailand to evade the 

Orders. CBP’s Office of Trade initiated 

an EAPA investigation based on the 

evidence in the allegation submitted by 

Accuride and Maxion that reasonably 

suggested that Vanguard entered steel 

wheels into the customs territory of the 

United States by means of evasion.4

CBP further informed Commerce on 

August 18, 2020, that the Trade Remedy 

Law Enforcement Directorate of CBP’s 

Office of Trade initiated an EAPA 

investigation based on the 

reasonableness of the evidence in 

Accuride and Maxion’s allegation that 

Vanguard imported merchandise 

covered by the Orders into the customs 

territory of the United States by means 

of evasion.5 In response, Vanguard and 

Asia Wheel stated that the steel wheels 

at issue were not subject to the Orders, 

because they were produced in 

Thailand using rims that did not 

originate in China.6 Accordingly, CBP 

has requested that Commerce issue a 

determination as to whether steel 

wheels produced in Thailand by Asia 

Wheel from Thai-origin steel wheel rims 

and Chinese-origin steel wheel discs, 

are covered merchandise. 

We note that this merchandise is 

already the subject of a scope ruling 

request previously submitted to 

Commerce by Asia Wheel,7 and is 

currently under consideration in 

ongoing scope inquiries of the Orders.8

Notification to Interested Parties 

Commerce is hereby notifying 

interested parties that it has received the 

covered merchandise referral referenced 

above. As the covered merchandise 

referral requests a determination on 


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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 38271 

9See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011), as amended in Enforcement 

and Compliance; Change of Electronic Filing 

System Name, 79 FR 69046 (November 20, 2014) for 

details of Commerce’s electronic filing 

requirements, effective August 5, 2011. Information 

on help using ACCESS can be found at https://

access.trade.gov/help.aspx and a handbook can be 

found at https://access.trade.gov/help/Handbook

%20on%20Electronic%20Filing

%20Procedures.pdf. 

10See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19, 85 FR 

17006 (March 26, 2020); see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020). 

merchandise identified in a request for 

a scope ruling previously submitted to 

Commerce and currently under 

consideration, we will address the 

covered merchandise referral and Asia 

Wheel’s scope ruling request in the 

ongoing scope inquires of the Orders. 

Based on our determinations in the 

ongoing scope inquiries of the Orders, 

we intend to notify CBP as to whether 

the merchandise subject to the referral 

is covered merchandise within the 

meaning of section 517(a)(3) of the Act. 

Commerce intends to provide 

interested parties with the opportunity 

to participate in this EAPA referral as 

part of the ongoing scope inquiries, 

including through the submission of 

comments, and, if appropriate, new 

factual information and verification. 

Specifically, Commerce will notify 

parties on the segment-specific service 

list for these segments of the 

proceedings of a schedule for 

comments. In addition, Commerce may 

request factual information from any 

person to assist in making its 

determination and may verify 

submissions of factual information, if 

Commerce determines that such 

verification is appropriate. C 

Parties are also hereby notified that 

this is the only notice that Commerce 

intends to publish in the Federal 

Register concerning this covered 

merchandise referral. Interested parties 

that wish to participate in these scope 

inquiries, and receive notice of the final 

determinations, must submit their 

letters of appearance as discussed 

below. Further, any party desiring 

access to business proprietary 

information in these scope inquiries 

must file an application for access to 

business proprietary information under 

administrative protective order (APO), 

as discussed below. 

Further, Commerce may consider 

conducting a separate anticircumvention inquiry regarding the 

merchandise described in CBP’s covered 

merchandise referral, if parties submit 

the necessary information addressing 

the criteria for an anti-circumvention 

inquiry, in accordance with section 781 

of the Act. Interested parties are 

requested to file such comments and 

information onto the record of the 

ongoing scope inquiries within 30 days 

of the publication of this notice in the 

Federal Register. 

Finally, we note that covered 

merchandise referrals constitute a new 

type of segment of a proceeding at 

Commerce and, therefore, Commerce 

intends to develop its practice and 

procedures in this area as it gains more 

experience. 

Scope of the Orders 

The products covered by the Orders 

are certain on-the-road steel wheels, 

discs, and rims for tubeless tires, with 

a nominal rim diameter of 22.5 inches 

and 24.5 inches, regardless of width. 

Certain on-the-road steel wheels with a 

nominal wheel diameter of 22.5 inches 

and 24.5 inches are generally for Class 

6, 7, and 8 commercial vehicles (as 

classified by the Federal Highway 

Administration Gross Vehicle Weight 

Rating system), including tractors, semitrailers, dump trucks, garbage trucks, 

concrete mixers, and buses, and are the 

current standard wheel diameters for 

such applications. The standard widths 

of certain on-the-road steel wheels are 

7.5 inches, 8.25 inches, and 9.0 inches, 

but all certain on-the-road steel wheels, 

regardless of width, are covered by the 

scope. While 22.5 inches and 24.5 

inches are standard wheel sizes used by 

Class 6, 7, and 8 commercial vehicles, 

the scope covers sizes that may be 

adopted in the future for Class 6, 7, and 

8 commercial vehicles. 

The scope includes certain on-theroad steel wheels with either a ‘‘hubpiloted’’ or ‘‘stud-piloted’’ mounting 

configuration, and includes rims and 

discs for such wheels, whether imported 

as an assembly or separately. The scope 

includes certain on-the-road steel 

wheels, discs, and rims, of carbon and/ 

or alloy steel composition, whether 

cladded or not cladded, whether 

finished or not finished, and whether 

coated or uncoated. All on-the-road 

wheels sold in the United States are 

subject to the requirements of the 

National Highway Traffic Safety 

Administration and bear markings, such 

as the ‘‘DOT’’ symbol, indicating 

compliance with applicable motor 

vehicle standards. See 49 CFR571.120. 

The scope includes certain on-the-road 

steel wheels imported with or without 

the required markings. Certain on-theroad steel wheels imported as an 

assembly with a tire mounted on the 

wheel and/or with a valve stem attached 

are included. However, if the certain onthe-road steel wheel is imported as an 

assembly with a tire mounted on the 

wheel and/or with a valve stem 

attached, the certain on-the-road steel 

wheel is covered by the scope, but the 

tire and/or valve stem is not covered by 

the scope. 

The scope includes rims and discs 

that have been further processed in a 

third country, including, but not limited 

to, the welding and painting of rims and 

discs from China to form a steel wheel, 

or any other processing that would not 

otherwise remove the merchandise from 

the scope of the proceeding if performed 

in China. 

Excluded from the scope are: 

(1) Steel wheels for tube-type tires that 

require a removable side ring; 

(2) aluminum wheels; 

(3) wheels where steel represents less than 

fifty percent of the product by weight; and 

(4) steel wheels that do not meet National 

Highway Traffic Safety Administration 

requirements, other than the rim marking 

requirements found in 49 CFR 571.120S5.2. 

Imports of the subject merchandise 

are currently classified under the 

following Harmonized Tariff Schedule 

of the United States (HTSUS) 

subheadings: 8708.70.4530, 

8708.70.4560, 8708.70.6030, 

8708.70.6060, 8716.90.5045, and 

8716.90.5059. Merchandise meeting the 

scope description may also enter under 

the following HTSUS subheadings: 

4011.20.1015, 4011.20.5020, and 

8708.99.4850. While HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

orders is dispositive. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using ACCESS.9 An 

electronically filed document must be 

received successfully in its entirety by 

the time and date it is due. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information.10 Each 

submission must be placed on the 

record of each of the scope inquiries, 

i.e., for the AD order (A–570–082) and 

the CVD order (C–570–083). 

Letters of Appearance and 

Administrative Protective Order 

Interested parties that wish to 

participate in these scope inquiries and 

be added to the public service list must 

file a letter of appearance in accordance 

with 19 CFR 351.103(d)(1), with one 

exception: The parties to EAPA 

investigation 7509 publicly identified 


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38272 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Notices 

11See CBP’s EAPA 75009 Letter at 4. 

12See the Administrative Protective Orders, dated 

May 12, 2021. 

1See Fresh Garlic from the People’s Republic of 

China: Preliminary Results, Preliminary Rescission, 

and Final Rescission, In Part, of the 25th 

Antidumping Duty Administrative Review; 2018– 

2019, 86 FR 15903 (March 25, 2021) (Preliminary 

Results), and accompanying Preliminary Decision 

Memorandum (PDM). 

2The companies are: (1) China Jiangsu 

International Economic Technical Cooperation 

Corporation; (2) Hebei Holy Flame International; (3) 

Jinxiang Qingtian Garlic Industries; (4) Qingdao 

Ritai Food Co., Ltd.; and (5) Yingxin (Wuqiang) 

International Trade. 

3The individual members of the FGPA are: 

Christopher Ranch L.L.C.; The Garlic Company; and 

Valley Garlic. 

4See FGPA’s Letter, ‘‘25th Administrative Review 

of the Antidumping Duty Order on Fresh Garlic 

from the People’s Republic of China—Petitioners’ 

Letter in Lieu of Case Brief,’’ dated April 26, 2021. 

5See Preliminary Results PDM at 9. 

6See Fresh Garlic from the People’s Republic of 

China: Final Results and Partial Rescission, of the 

24th Antidumping Duty Administrative Review; 

by CBP in the covered merchandise 

referral referenced above (Accuride, 

Maxion, and Vanguard) 11 are not 

required to submit a letter of 

appearance, and will be added to the 

public service list for these scope 

inquires by Commerce. 

Commerce placed an APO on the 

existing records of the scope inquiries 

on May 12, 2021,12 and established the 

APO service lists for use in these 

segments. Commerce intends to place 

the covered merchandise referral letter 

on the records of these scope inquiries 

in ACCESS within five days of 

publication of this notice. 

Interested parties must submit 

applications for disclosure under the 

APO in accordance with the procedures 

outlined in Commerce’s regulations at 

19 CFR 351.305. Those procedures 

apply to these segments of the AD and 

CVD proceedings, with one exception: 

APO applicants representing the parties 

that have been identified by CBP as an 

importer in the covered merchandise 

referral (referenced above) are exempt 

from the additional filing requirements 

for importers pursuant to 19 CFR 

351.305(d). 

Dated: July 14, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–15415 Filed 7–19–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic From the People’s 

Republic of China: Final Results and 

Final Rescission, in Part, of the 25th 

Antidumping Duty Administrative 

Review; 2018–2019 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) published the preliminary 

results of the 25th administrative review 

of the antidumping duty order on fresh 

garlic from the People’s Republic of 

China (China) on March 25, 2021. 

Commerce determines that mandatory 

respondent, Shijiazhuang Goodman 

Trading Co., Ltd. (Goodman) failed to 

establish its eligibility for a separate rate 

and is part of the China-wide entity. We 

also find that the review request made 

by The Roots Farm Inc. (Roots Farm) 

was not valid and, accordingly, we have 

rescinded the review with respect to the 

other mandatory respondent, 

Zhengzhou Harmoni Spice Co., Ltd. 

(Harmoni). 

DATES: Applicable July 20, 2021. 

FOR FURTHER INFORMATION CONTACT: Leo 

Ayala, AD/CVD Operations, Office VII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3945. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 25, 2021, Commerce 

published the preliminary results of the 

25th administrative review of fresh 

garlic from China.1 We preliminarily 

found that the mandatory respondent 

Goodman was part of the China-wide 

entity. We rescinded the review with 

respect to five companies for which 

their sole requests for review had been 

timely withdrawn.2 Furthermore, we 

preliminarily determined that the 

review request submitted by Roots Farm 

was invalid and preliminarily rescinded 

the review with respect to Harmoni. 

Additionally, we found that two 

companies, Shandong Happy Foods Co., 

Ltd. and Jining Alpha Food Co., Ltd., 

qualified for separate rate status. 

On April 26, 2021, the Fresh Garlic 

Producers Association (FGPA) and its 

individual members 3 submitted 

comments on the Preliminary Results.4

No other party submitted comments. 

The deadline for the final results is July 

23, 2021. 

Scope of the Order 

The products subject to the order are 

all grades of garlic, whole or separated 

into constituent cloves, whether or not 

peeled, fresh, chilled, frozen, 

provisionally preserved, or packed in 

water or other neutral substance, but not 

prepared or preserved by the addition of 

other ingredients or heat processing. 

The differences between grades are 

based on color, size, sheathing, and 

level of decay. The scope of the order 

does not include the following: (a) 

Garlic that has been mechanically 

harvested and that is primarily, but not 

exclusively, destined for non-fresh use; 

or (b) garlic that has been specially 

prepared and cultivated prior to 

planting and then harvested and 

otherwise prepared for use as seed. The 

subject merchandise is used principally 

as a food product and for seasoning. The 

subject garlic is currently classifiable 

under subheadings: 0703.20.0000, 

0703.20.0005, 0703.20.0010, 

0703.20.0015, 0703.20.0020, 

0703.20.0090, 0710.80.7060, 

0710.80.9750, 0711.90.6000, 

0711.90.6500, 2005.90.9500, 

2005.90.9700, and 2005.99.9700, of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, our written description of the 

scope of the order is dispositive. In 

order to be excluded from the order, 

garlic entered under the HTSUS 

subheadings listed above that is (1) 

mechanically harvested and primarily, 

but not exclusively, destined for nonfresh use or (2) specially prepared and 

cultivated prior to planting and then 

harvested and otherwise prepared for 

use as seed must be accompanied by 

declarations to U.S. Customs and Border 

Protection (CBP) to that effect. 

Partial Rescission of Administrative 

Review 

Commerce has determined that the 

review request from Roots Farm was 

invalid ab initio, and is rescinding the 

administrative review with respect to 

mandatory respondent, Harmoni. 

Analysis of Comments Received 

The FGPA was the only party to file 

comments on the Preliminary Results. 

The FGPA noted that the preliminary 

rate applied to Shandong Happy Foods 

Co., Ltd and Jining Alpha Food Co., Ltd 

should be $4.37 per kilogram (kg) rather 

than the rate of $4.34 per kg stated in 

the Preliminary Results. Commerce 

stated in the Preliminary Results that 

the margin assigned to the separate rate 

recipients would be the ‘‘rate for the 

separate rate companies in the previous 

administrative review of this order.’’ 5

The separate rate in the previous 

administrative review was $4.37 per 

kg.6 Therefore, we have made the 


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